The Ministerial Exception of the First Amendment [electronic resource] : Employment Discrimination and Religious Organizations
- Corporate Author:
- Library of Congress. Congressional Research Service. Resources, Science, and Industry Division
- [Place of publication not identified] : [publisher not identified], 2014.
- Physical Description:
- 1 online resource (18 pages), digital, PDF file
- Analyzes history and constitutional basis for ministerial exception to employment discrimination laws, and examines selected statutory provisions reflecting its protections under Federal employment laws. Explains distinction between the constitutional and statutory protections for religious organizations, and addresses critical questions involved in judicial consideration of ministerial exception. Examines which employees may qualify as ministerial, extent to which courts may defer to religious entities claiming the exception, and whether the exception may apply to any claim brought against a religious entity. Considers significance of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC , in which Supreme Court recognized the ministerial exception as a necessary outgrowth of its jurisprudence on noninterference in the internal governance of religious organizations, but did not define scope of the exception and declined to identify a standard for determining whether an employee could be labeled as ministerial.
- Related Titles:
- ProQuest U.S. Congressional Research Digital Collection
- CRS Report.
Record is based on bibliographic data in ProQuest U.S. Congressional Research Digital Collection (last viewed Jan. 2014). Reuse except for individual research requires license from ProQuest, LLC.
- Technical Details:
- System requirements: PDF reader software.
View MARC record | catkey: 19199777